What it means for separating parents and children
In this episode of Headnotes podcast, Whitehead Monckton’s family law specialists Emma Craigie and Daniel Bennett are joined by family barrister Catherine Gee of Pump Court Chambers to discuss the proposed repeal of the presumption of parental involvement in private law children proceedings.
The presumption of parental involvment, introduced into the Children Act 1989 in 2014, requires the court to presume that a child’s welfare will generally be furthered by the involvement of both parents in their life, unless there is evidence that such involvement would put the child at risk of harm. While the principle was introduced to encourage meaningful parental involvement and address concerns about perceived bias in the family justice system, proposals to remove it have prompted considerable debate among legal professionals, policymakers and families.
During the discussion, Emma, Daniel and Catherine explore why the presumption was introduced, what its removal could mean in practice, and whether the proposed changes are likely to have a significant impact on the way courts make decisions about children.
The panel explains the legal principle at the heart of the debate and how it currently influences decisions in private law children cases. They examine the intention behind the legislation and the role it has played in situations where parents disagree about arrangements for their children following separation.
A significant part of the discussion focuses on the relationship between the presumption of contact and allegations of domestic abuse. The episode considers concerns raised through the Family Justice Harm Panel Report and explores whether removing the presumption could provide greater protection and reassurance for victims of abuse and their children.
Emma, Daniel and Catherine discuss the longstanding perception among some parents, particularly fathers, that the family justice system favours mothers in child arrangement disputes. They examine whether that perception reflects reality and consider how the courts currently approach decisions about where children live and how much time they spend with each parent.
The conversation explores whether the proposed repeal is likely to change outcomes for parents seeking contact with their children. The panel discusses concerns that some parents may fear it will become harder to establish or maintain meaningful relationships with their children, while others argue that a more neutral starting point could allow courts greater flexibility to focus solely on the individual welfare needs of each child.
The episode also looks at wider reforms, including the Pathfinder pilot scheme, which aims to improve the way children’s cases are managed and resolved. The panel discusses whether these changes could help reduce delays and improve outcomes for families involved in court proceedings.
The Whitehead Monckton Family team advises parents, grandparents and wider family members on all aspects of child arrangements, parental responsibility, domestic abuse, and disputes involving children following separation.
If you would like advice about your circumstances, please contact our Family Law team.
